CASTELLE v. ROTER


258 A.D.2d 550 (1999)

683 N.Y.S.2d 894

JERRY CASTELLE, Appellant, v. MARK ROTER et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 16, 1999.


Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff's motion denominated as one to renew and reargue was, in effect, for reargument, the denial of which is not appealable (see, Misek-Falkoff v Village of Pleasantville, 207 A.D.2d 332, 333). The plaintiff's motion was not based either upon new facts or proof which was unavailable when the original...

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